Section 376 of Indian Penal Code and Case Laws

376. Punishment for rape

(1) Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the women raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.

(2) Whoever, -

(a) being a police officer commits rape -

(i) within the limits of the police station to which he is appointed; or

(ii) in the premises of any station house whether or not situated in the police station to which he is appointed; or

(iii) on a woman in his custody or in the custody of a police officer subordinate to him; or

(b) being a public servant, takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him; or

(c) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman's or children's institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or

(d) being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or

(e) commits rape on a woman knowing her to be pregnant; or

(f) commits rape on a woman when she is under twelve years of age; or

(g) commits gang rape, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine: Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years.

Explanation 1. - Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section.

Explanation 2. - "Women's or children's institution" means an institution, whether called an orphanage or a home for neglected woman or children or a widows' home or by any other name, which is established and maintained for the reception and care of woman or children.

Explanation 3. - "Hospital" means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation.

376 IPC Case Laws (Supreme Court and High Courts)

Aman Kumar v. State of Haryana 2004 Cri. LJ 1399 (SC)

State of Chhattisgarh v.Derha 2004 Cri. LJ 2109 (SC)

Swati Lodha v. State of Rajasthan 1991 Cri. LJ 939 (Rajasthan)

State of Haryana v. Prem Chand 1990 Cri. LJ 454 (SC)

State of UP v. Pappu 2005 Cri LJ 331 (SC)

State of Rajasthan v. Om Prakash 2002 Cri. LJ 2931 (SC)

Bhupinder Sharma v. State of Himachal Pradesh 2004 Cri. LJ 1 (SC)

State of Rajasthan v. Kishanlal 2002 Cri. LJ 2963 (SC)

Kanhai Misra v. State of Bihar 2001 Cri. LJ 1259 (SC)

Visveswaran v. State 2003 Cri. LJ 2548 (SC)

Golakonda Venkateswara Rao v. State of AP 2003 Cri. LJ 3731 (SC)

Vimal Suresh Kamble v. Chaluverapinake Apal S.P. 2003 Cri LJ 910 (SC)

Malkhan Singh v. State of Madhya Pradesh 2003 Cri LJ 3535 (SC)

State of MP v. Bala Alias Balaram 2005 Cri LJ 4375 (SC)

State of Maharashtra v. Abdul Hafiz Faroki AIR 1998 SC 2382

State of Karnataka v. Puttaraja 2004 Cri. LJ 579 (SC)

State of Madhya Pradesh v. Munna Choubey 2005 Cri LJ 913 (SC)

State of Himachal Pradesh v. Asha Ram 2006 cri. LJ 139 (SC)

State of Madhya Pradesh v. Balu 2005 Cri. LJ 335 (SC)

Dinesh v. State of Rajasthan 2006 Cri Lj 1679 (SC)

Koppula Venkat Rao v. State of Andhra Pradesh 2004 Cri LJ 1804 (SC)